Court gives decision on UEP trust
 Wisan appointed fiduciary; six others to oversee polygamous sect's trust
 
By Patrice St. Germain
patrices@thespectrum.com
 
Third District Court Judge Denise P. Lindberg handed down her decision Wednesday on the United Effort Plan trust by appointing a board of advisors to assist court-appointed special fiduciary Bruce Wisan and clarified the purpose of the trust.

Lindberg decided that the trust will be governed by a 1998 document instead of the original papers drafted in 1942 and that the trust - the financial arm of the Fundamentalist Church of Jesus Christ of Latter Day Saints - was intended to establish a charitable trust and must be reformed to support lawful charitable purposes.

Those on the advisory board appointed to assist Wisan are Margaret Cooke, Robert Huddleston, Carolyn Jessop, Rayo Spencer Johnson, John Nielsen and Don Timpson.

A change

Timpson, a resident of Colorado City, said he likes the general direction of the advisory board and looks forward to working with the special fiduciary.

"I think that the judge is doing the very best she can given the circumstances and situation placed before her," Timpson said.

Timpson said he also likes that the board was set up for a one-year period and will be a work in process so the board can feel its way through this and learn what they can from experience.

One of the main objectives for Timpson is to protect people in their homes and give those living on United Effort Plan property a sense of security.

"It's a change. Colorado City and Hildale are going through a period of change that they haven't seen in half a century or more," Timpson said. "I'm happy to do this and help any way I can."

Salt Lake Attorney Roger Hoole with Hoole and King said he was pleased with the advisory board.

"We are very pleased. Five out of the six selected were proposed by my clients and the sixth person (Huddleston) is acceptable to us and we welcome him to this effort," Hoole said. "I think he will provide a good perspective on this diverse board, which includes two women."

Hoole said his clients, who submitted a list of proposed trustees to the court, said they put their lawsuits on hold to make sure the trust was protected from their lawsuits.

It was those lawsuits that prompted the Utah Attorney General's office in May to ask the courts for a temporary restraining order suspending the authority and power of the trustees of the United Effort Plan Trust. The request was granted.

Judge Robert W. Adkins found that there was sufficient evidence to show that the existing trustees had not acted with reasonable care to protect trust property and defend the trust against pending lawsuits. The trustees at the time were Warren Jeffs, Truman Barlow, LeRoy Jeffs, William Jessop (aka William Timpson) and James Zitting.

At the same time the trustees' power was suspended, Wisan was made the court-appointed special fiduciary.

Wisan said the major issue is now the reformation of the trust. He said that Judge Lindberg has put forth quite an extensive and well thought out opinion.

"She laid out the framework and wants input from the Arizona and Utah Attorney General and other interested parties," Wisan said. "The important work for the advisory board will be filling in the details within the framework for the reformation of the trust."

Compensation

When the proposed trustee submitted affidavits to the court in August, several trustees asked for expenses ranging from per diem to flat rates and others indicated that they would serve without compensations.

Of the six chosen, all except Huddleston had indicated that they would serve without compensation. Huddleston was asking for an hourly rate of $160.

Huddleston - in a response by nominee trustees Huddleston, Craig L. Booth and Gregory A. Kemp, which was referred to as the "Huddleston Group" - stated that if appointed as trustee with Mr. Kemp and Dr. Booth, he would serve the role as the managing trustee and would act to preserve and protect the assets of the trust at the direction of this three-member board.

Although the response indicates that Huddleston would only serve with Kemp and Booth, attempts to reach Huddleston Wednesday were unsuccessful.

Judge Lindberg set compensation for the board of advisors on a per-meeting basis. They will be paid $175 per meeting regardless of the length of the meeting and will have to meet at least once a month. The advisors will also be reimbursed for in-state business travel at the rate paid by state employees.

Wisan said the group of advisors has a diverse background and, hopefully, they will be very helpful.

"The judge did a good job and I'm glad they are willing to serve," Wisan said.

For more information on the UEP trust status, go to www.thespectrum.com/news/extras/uep.html
 
TheSpectrum.com
Originally published December 15, 2005
 
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